Jury Finds in Favor of Prescriptive Easement

Richard Marsh secured a jury verdict in favor of Plaintiff, an oil and gas company.  The case arose over a dispute as to whether the oil and gas company had a valid right-of-way agreement for the pipeline crossing the Defendants’ property.  The Plaintiff argued that it had an express right of way agreement from a previous oil and gas company or, in the alternative, had a prescriptive easement.  The Defendants denied this and counterclaimed for trespass damages.  The jury held that there was a prescriptive easement, thereby allowing the pipeline to remain in place and denying the trespass damages. 

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